Chapter 2.40
EMERGENCY ORGANIZATION
Sections:
2.40.030 Disaster council membership.
2.40.040 Disaster council powers and duties.
2.40.050 Director and assistant director of emergency services.
2.40.060 Powers and duties of the director and assistant director of emergency services.
2.40.070 Emergency organization.
2.40.100 Punishment of violations.
2.40.010 Purpose.
The declared purposes of this chapter are to provide for the preparation and implementation of plans for the protection of persons and property within the city in the event of an emergency, the direction of the emergency organization, and the coordination of the emergency functions of the city of Aliso Viejo with all other public agencies, corporations, organizations, and affected private persons. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-035 § 2 (3-1-1)].
2.40.020 Definitions.
For the purpose of this chapter, the words and phrases herein defined shall be construed in accordance with the following definitions:
“Local emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, earthquake, war or imminent threat of war, or other conditions other than conditions resulting from labor controversy, which conditions are or are likely to be beyond the control of services, personnel, equipment, and facilities of the city, and requiring the combined forces of other political subdivisions to combat.
“State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, earthquake, war or imminent threat of war, or other conditions other than conditions resulting from labor controversy or conditions causing a state of war emergency, which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and requiring the combined forces of a mutual aid region or regions to combat.
“State of war emergency” means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever the state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-035 § 2 (3-1-2)].
Cross-reference: definitions generally, AVMC 1.02.010.
2.40.030 Disaster council membership.
The Aliso Viejo disaster council is hereby created and shall consist of the following:
A. The mayor who shall serve as an ex officio member and liaison between the disaster council and the city council;
B. The city manager, who shall be chairman;
C. The chief of police services who shall serve as vice chairman;
D. The director of public works;
E. An Orange County fire authority representative;
F. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-035 § 2 (3-1-2)].
2.40.040 Disaster council powers and duties.
It shall be the duty of the Aliso Viejo disaster council, and it is hereby empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairman or, in his absence from the city or inability to call such a meeting, upon call of the vice chairman. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-035 § 2 (3-1-3)].
2.40.050 Director and assistant director of emergency services.
A. There is hereby created in the city the office of director of emergency services. The city manager is hereby designated as the director of emergency services.
B. There is hereby created in the city the office of assistant director of emergency services. The chief of police services is hereby designated as the assistant director of emergency services. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-035 § 2 (3-1-4)].
2.40.060 Powers and duties of the director and assistant director of emergency services.
A. The director of emergency services is hereby empowered to:
1. Request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director of emergency services, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
2. Request the Governor to proclaim a state of emergency when, in the opinion of the director of emergency services, the locally available resources are inadequate to cope with the emergency.
3. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter.
4. Direct cooperation between and coordination of services and staff of the emergency organization of the city; and resolve questions of authority and responsibility that may arise between them.
5. Represent the city in all dealings with public or private agencies on matters pertaining to local emergencies as defined herein.
6. In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services or the existence of a state of war emergency, the director of emergency services is hereby empowered:
a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;
b. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;
c. To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as deemed necessary in the execution of the duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers pursuant to the California Emergency Services Act (California Government Code Section 8550 et seq.);
d. To requisition necessary personnel or materiel of any city department or agency; and
e. To execute all ordinary power as city manager, all of the special powers conferred upon the city manager by this chapter or by resolution of emergency plan pursuant hereto adopted by the city council, all powers conferred upon the city manager by any statute, by any agreement approved by the city council, and by any other lawful authority.
B. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform the duties during an emergency. Such order of succession shall be approved by the city council.
C. The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-035 § 2 (3-1-5)].
2.40.070 Emergency organization.
All officers and employees of the city, including all contract public safety members, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement or operation of law, including persons impressed into service under the provisions of this chapter, be charged with duties incident to the protection of life and property in the city during an emergency and shall constitute the emergency organization of the city of Aliso Viejo. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-035 § 2 (3-1-6)].
2.40.080 Emergency plan.
The Aliso Viejo disaster council shall be responsible for the development of the city of Aliso Viejo emergency plan, which plan shall provide for the effective mobilization of all the resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by the city council. Thereafter, the assistant director of emergency services shall be responsible for the periodic review and updating of the plan. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-035 § 2 (3-1-7)].
2.40.090 Expenditures.
Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city of Aliso Viejo. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-035 § 2 (3-1-8)].
2.40.100 Punishment of violations.
It shall be a misdemeanor, punishable by a fine not to exceed $1,000, or by imprisonment not to exceed six months, or both, for any person during an emergency to:
A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter.
B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the city, or to prevent, hinder, or delay the defense or protection thereof.
C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-035 § 2 (3-1-9)].
Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.